What actually happens behind the scenes when workplace conflict escalates into investigations, mediation, or litigation?

In this episode of HR Unlocked, Lisa Oakley sits down with leading employment lawyer Daniel Erickson to unpack the realities of employment relations, workplace disputes, serious misconduct, and legal risk in New Zealand organisations.

With decades of experience advising employers, senior executives, and organisations across complex employment matters, Daniel shares practical insight into how leaders should approach conflict, investigations, mediation, settlement negotiations, and litigation strategy.

This conversation explores the tension between legal process, commercial realities, organisational values, and human behaviour — including why many disputes escalate unnecessarily, how ego and principle shape outcomes, and why early pragmatic decision-making often matters more than “winning”.

From serious misconduct and drug testing to cultural reviews, litigation risk, and evolving employment law reform, this episode offers grounded, highly practical advice for HR professionals, leaders, and business owners navigating difficult workplace situations.

What You’ll Learn

• What makes an effective employment lawyer and advisor

• How lawyers help organisations make decisions during workplace disputes

• When organisations should litigate — and when they shouldn’t

• Why principle, ego, and emotion often escalate conflict

• The realities of mediation and settlement negotiations

• How the recent serious misconduct law changes impact employers and employees

• The relationship between employment law and health and safety obligations

• Why cultural reviews are increasingly important in workplace investigations

• How organisations should approach bullying, harassment, and misconduct allegations

• The role AI is beginning to play in employment relations disputes

Key Takeaways

• Most workplace disputes are better resolved early rather than litigated

• Good advisors balance legal risk with commercial and operational realities

• Employment law decisions are rarely black and white

• Strong investigations require objectivity, procedural fairness, and evidence

• Health and safety obligations heavily influence employment decisions

• Principle-based litigation can become extremely costly for organisations

• Mediation is often about resolution, not “winning”

• Human judgement and pragmatism remain critical despite legal and technological change

About Daniel Erickson

Daniel Erickson is a Partner at Tompkins Wake and leads the firm’s Employment and Health & Safety practice group.

He advises employers, senior executives, and organisations across a wide range of employment relations, workplace investigations, health and safety, litigation, and organisational risk matters.

Daniel has extensive experience representing clients in the Employment Relations Authority and Employment Court, as well as advising on serious misconduct, bullying and harassment complaints, executive exits, industrial relations, and workplace investigations.

Recognised in both Legal 500 and Doyles Guide, Daniel is widely respected for his pragmatic, commercially grounded approach to complex employment issues.

Why This Episode Matters

If you’re a leader, HR professional, business owner, or people leader dealing with workplace conflict, investigations, serious misconduct, or organisational risk, this episode offers practical insight into how experienced employment advisors approach high-stakes situations.

It’s an honest conversation about the realities of workplace disputes, the importance of good judgement, and how organisations can navigate difficult issues without unnecessarily escalating cost, conflict, or risk.

Resources & Links

• Tompkins Wake

• Daniel Erickson | LinkedIn

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What happens when organisations stop treating unions as opponents and start treating them as strategic partners?

In this episode of HR Unlocked, Lisa Oakley sits down with Phil Doak, General Manager People & Legal at Ports of Auckland, to explore high-performance, high-engagement workplaces, industrial relations, organisational transformation, and the role trust plays in driving business success.

Drawing on decades of experience in employment relations, law, and organisational leadership, Phil shares the journey behind Ports of Auckland's transformation and the practical systems used to build stronger relationships between leaders, employees, and unions.

From the concept of "365 ER" to interest-based bargaining, psychological safety, and collaborative problem-solving, this conversation challenges traditional approaches to workplace relationships and demonstrates how engagement, productivity, safety, and performance can work together.

What You'll Learn

• What high-performance, high-engagement workplaces look like in practice

• How Ports of Auckland approached cultural transformation

• Why industrial relations should be viewed as a year-round activity, not just bargaining

• The difference between positions and interests in workplace negotiations

• How to build trust and improve relationships between unions and management

• Why employee involvement drives better business outcomes

• The role psychological safety plays in performance and safety

• How leaders can create environments where people genuinely contribute

• Why collaboration is becoming increasingly important in modern workplaces

Key Takeaways

• Strong workplace relationships are built through trust, consistency, and communication

• High performance and high engagement are mutually reinforcing, not competing priorities

• Interest-based problem-solving creates better outcomes than positional bargaining

• Effective industrial relations begin long before collective bargaining starts

• Employee involvement leads to stronger safety, productivity, and business performance outcomes

• Psychological safety enables people to raise concerns, challenge ideas, and contribute solutions

• Leaders build trust through actions, not words

• Sustainable cultural transformation requires systems, structure, and ongoing commitment

About Phil Doak

Phil Doak is General Manager People & Legal at Ports of Auckland and has spent much of his career working at the intersection of employment relations, organisational performance, and leadership.

With a background in employment law and extensive experience in highly unionised environments, Phil has been instrumental in helping organisations move from adversarial industrial relations models to more collaborative, high-engagement approaches.

He is a passionate advocate for interest-based problem-solving, employee involvement, and building workplace cultures that support both business performance and positive employee outcomes.

Why This Episode Matters

Many organisations continue to view industrial relations, engagement, and performance as separate conversations.

This episode demonstrates how trust, collaboration, and employee involvement can become powerful drivers of organisational success.

Whether you're a leader, HR professional, business owner, union representative, or people manager, this conversation offers practical lessons on creating workplaces where performance, engagement, and strong relationships can thrive together.

Resources & Links

• Ports of Auckland

• Connect with Phil Doak on LinkedIn

See omnystudio.com/listener for privacy information.

AI isn’t just changing how we work — it’s changing how we think, behave, and relate to each other.

In this episode of HR Unlocked, Lisa Oakley is joined by Melissa Crawford, futurist and Director of Tech with Heart, to explore the human side of technological change.

With a rare combination of deep technology expertise and psychological insight, Melissa brings a fresh perspective to the future of work — not focused on tools or tactics, but on the subtle behavioural shifts AI is already creating.

From reduced tolerance for conflict to changing expectations of feedback, leadership, and performance, this conversation challenges leaders and HR professionals to think differently about what’s coming next — and what needs to change now.

What You’ll Learn

• How AI is reducing friction — and why that matters for behaviour and performance

• The psychological impact of AI on conflict, feedback, and resilience

• Why AI often reinforces thinking instead of challenging it

• What leaders need to understand about human behaviour in an AI-enabled workplace

• Why traditional career pathways may no longer be relevant

• How to stay employable and adaptable over the next 5–15 years

• The importance of building capability, not relying on stability

• Emerging signals around physical AI and workforce design

Key Takeaways

• AI is shaping behaviour — not just productivity

• Reduced friction can lower resilience and tolerance for disagreement

• Leaders must actively create challenge and critical thinking

• Career planning is shifting from fixed pathways to continuous capability building

• Future readiness is about adaptability, not certainty

• The human element of work will become more important, not less

About Melissa Crawford

Melissa Crawford is a futurist and Director of Tech with Heart, working at the intersection of people and technology.

With two technology degrees, a Master of Science in Psychology underway, and formal foresight training from the Institute for the Future and the University of Houston, she brings both academic rigour and real-world insight to the future of work.

Melissa has worked across New Zealand’s largest organisations in tech, airline, banking, FMCG, retail, education, and energy. She advises leaders, speaks globally, and sits on governance and advisory boards.

In 2025, she was recognised on the HRD Hotlist and received the Emerging Directors Award from the Institute of Directors.

Why This Episode Matters

If you’re leading people, shaping culture, or thinking about the future of work, this episode will challenge how you view AI — shifting the focus from tools to human impact.

Resources & Links

• Specialising in the Intersection of Future Technology and People

• Melissa Crawford | LinkedIn

See omnystudio.com/listener for privacy information.